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CP-2025-TN246-0014-ADOSH · Arizona Division of Occupational Safety and Health · 2026-01-16

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

DIVISION OF OCCUPATIONAL SAFETY AND HEALTH OF THE INDUSTRIAL COMMISSION OF ARIZONA, Complainant

v.

GARNEY COMPANIES, INC.

Respondent

No. CP-2025-TN246-0014-ADOSH

FINDINGS & ORDER APPROVING SETTLEMENT AGREEMENT

On April 10, 2025, the Division of Occupational Safety and Health of the Industrial Commission of Arizona (“ADOSH” or “Division”) inspected a worksite of Garney Companies Inc. (“Respondent” or “Garney Companies Inc.”) located at SW Corner of S. Greenfield Rd. and E. Main Street, Mesa, AZ 85205, Inspection No. CP-2025-TN246-0014. This inspection resulted in the Complainant issued a Citation and Notification of Penalty to the Respondent on September 4, 2025.

WHEREAS, Respondent timely filed a Notice of Contest with respect to the above-mentioned citation, and the Division and Respondent now desire to settle this matter without the necessity of a formal hearing, both parties agree that it is in their respective best interests to settle this matter without going through the procedures, time and expense associated with litigation and a formal hearing.

FINDINGS AND CONCLUSIONS

NOW, THEREFORE, the parties agree to settle this matter as follows:

On December 31, 2025, the parties filed a Settlement Agreement resolving all issues and disputes involved in this matter. The Settlement Agreement appears to be consistent with the provisions and objectives of the Arizona Occupational Safety and Health Act. Accordingly, pursuant to A.A.C. R20-5-827 of the Occupational Safety and Health Rules of Procedure Before the Industrial Commission of Arizona, the Settlement Agreement is incorporated by this reference, adopted, and made a part of this order.

The Settlement Agreement is in furtherance of the purpose of the Arizona Occupational Safety and Health Act of 1972 and represents a full and final determination of this matter.

ORDER

IT IS HEREBY ORDERED that:

Citation 1 Item 1 and the associated penalty will be deleted.

IT IS FURTHER ORDERED that Respondent:

1. Contact ADOSH consultation within 30 days of the effective date of the Settlement Agreement to schedule a Pre-Safety and Health Achievement Recognition Program (“SHARP”) evaluation visit with ADOSH Consultation Services in the 6-month period following the effective date of the Settlement Agreement.

2. Join the ADOSH Trenching Alliance and provide a presentation to the Trenching Alliance as detailed in the Settlement Agreement incorporated by reference.

IT IS FURTHER ORDERED that each party is to bear its own attorney’s fees and costs.

NOTICE

Any party dissatisfied with this Decision may request review by the Review Board, filing a written request with the Administrative Law Judge Division of the Industrial Commission within fifteen (15) days after service of this Decision as provided by Arizona Revised Statutes, §§ 23-421(C) and 23-423(A) and (B). If no such request is made within the time provided, this Decision becomes final.

By: Tammy L. Eigenheer

The Honorable Tammy L. Eigenheer,

Administrative Law Judge

DATED IN PHOENIX, ARIZONA, THIS 16th day of January, 2026.

BEFORE THE OFFICE OF ADMINISTRATIVE HEARINGS

CERTIFICATE OF SERVICE

The attached FINDINGS & ORDER APPROVING SETTLEMENT AGREEMENT was placed in, and is now a part of, the Office of Administrative Hearings file and was served on the parties named below via mail/email/facsimile on 16th day of January, 2026.:

Brian Hudson

Division of Occupational Safety & Health

800 West Washington Street

Phoenix, AZ 86007

[email redacted]

ADOSH Director

Sophia Cox, Esq.

Legal Division

Industrial Commission of Arizona

800 West Washington Street, Suite 303

Phoenix, AZ 85007

[email redacted]

[email redacted]

Attorney for ADOSH

Garney Companies, Inc.

Patrick Miller, Esq.

Dan Smolik, Owner

370 East Crown Point Road

Winter Garden, FL 34787

[email redacted]

[email redacted]

Respondent

By: OAH Staff